Akash Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31916 of 2022 In CRIMINAL MISCELLANEOUS No.76441 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== AKASH KUMAR PATHAK, Son of Late Bisheshwar Pathak R/O village - Katai Bojh, P.S.- Tiyar, Dist.- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajni Kumari Wife of Akash Kumar Pathak R/O Vill.- Katai Bojh, P.S.- Tiyar, Dist.- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-11-2022 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of petitioner and Ms. Asha Devi, learned A.P.P. for the State.

The present application is filed under Section 482 of the Cr.P.C. for Modification of order dated 01.11.2021 passed in Criminal Miscellaneous No. 76441 of 2019.

Learned counsel appearing on behalf of the petitioner submits that vide order dated 01.11.2021 passed in Criminal Miscellaneous No. 76441 of 2019, the petitioner was directed to be released on provisional bail on such conditions, which the learned court below deems it fit in accordance with law, but the same was not communicated to him by his counsel. The

Patna High Court CR. MISC. No.31916 of 2022(3) dt.09-11-2022 2/2 petitioner is a responsible person and he is a constable in Indian Army and at present he is posted at district-Jammu. In para 10 of the bail application he has stated that informant is residing in her matrimonial home along with the petitioner and they have entered into compromise.

Taking into consideration the fact that the petitioner was released on provisional bail vide order dated 01.11.2021 passed in Criminal Miscellaneous No. 76441 of 2019, but petitioner could not surrender before the Court below within the stipulated time due to the fact that his counsel had not made such communication to him and for the said reason, the petitioner should not be made to suffer, as such, the order dated 01.11.2021 passed in Criminal Miscellaneous No. 76441 of 2019 is modified to the extent that petitioner is directed to surrender before the learned court below within 10 days from today. The other conditions of the order dated 01.11.2021 passed in Criminal Miscellaneous No. 76441 of 2019 shall remain same.

Accordingly, this application stands disposed of. (Purnendu Singh, J) manish/- U T